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Senate File 498 - IntroducedA Bill ForAn Act 1relating to writing fees required for certain
2all-terrain vehicle, snowmobile, and water vessel
3transactions completed by a county recorder.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321G.27, subsection 1, paragraphs a, b,
2and c, Code 2023, are amended by striking the paragraphs.
3 Sec. 2. Section 321G.27, subsection 1, Code 2023, is amended
4by adding the following new paragraph:
5 NEW PARAGRAPH. 0d. The county recorder shall collect
6a writing fee of one dollar and twenty-five cents for each
7privilege under this chapter.
8 Sec. 3. Section 321G.29, subsection 3, Code 2023, is amended
9to read as follows:
103. An owner of a snowmobile shall apply to the county
11recorder for issuance of a certificate of title within thirty
12days after acquisition. The application shall be on forms
13the department prescribes and accompanied by the required fee
14specified in section 321G.30 and the writing fee specified in
15section 321G.27. The application shall include a certification
16signed in writing containing substantially the representation
17that statements made are true and correct to the best of the
18applicant’s knowledge, information, and belief, under penalty
19of perjury. The application shall contain the date of sale
20and gross price of the snowmobile or the fair market value if
21no sale immediately preceded the transfer and any additional
22information the department requires. If the application is
23made for a snowmobile last previously registered or titled in
24another state or foreign country, the application shall contain
25this information and any other information the department
26requires.
27 Sec. 4. Section 321G.31, Code 2023, is amended to read as
28follows:
29321G.31 Transfer or repossession by operation of law.
301. If ownership of a snowmobile is transferred by
31operation of law, such as by inheritance, order in bankruptcy,
32insolvency, replevin, or execution sale, the transferee, within
33thirty days after acquiring the right to possession of the
34snowmobile, shall mail or deliver to the county recorder of
35the transferee’s county of residence satisfactory proof of
-1-1ownership as the county recorder requires, together with an
2application for a new certificate of title, and the required
3fee, plus the writing fee specified in section 321G.27.
4However, if the transferee is the surviving spouse of the
5deceased owner, the county recorder shall waive the required
6fee fees.
72. If a lienholder repossesses a snowmobile by operation of
8law and holds it for resale, the lienholder shall secure a new
9certificate of title and shall pay the required fee, plus the
10writing fee specified in section 321G.27.
11 Sec. 5. Section 321G.32, subsection 1, Code 2023, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. c. The application shall be accompanied by
14the writing fee specified in section 321G.27.
15 Sec. 6. Section 321I.29, subsection 1, paragraphs a, b, and
16c, Code 2023, are amended by striking the paragraphs.
17 Sec. 7. Section 321I.29, subsection 1, Code 2023, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. 0d. The county recorder shall collect
20a writing fee of one dollar and twenty-five cents for each
21privilege under this chapter.
22 Sec. 8. Section 321I.31, subsection 3, Code 2023, is amended
23to read as follows:
243. An owner of an all-terrain vehicle shall apply to
25the county recorder for issuance of a certificate of title
26within thirty days after acquisition. The application shall
27be on forms the department prescribes and accompanied by the
28required fee specified in section 321I.32 and the writing fee
29specified in section 321I.29. The application shall include a
30certification signed in writing containing substantially the
31representation that statements made are true and correct to the
32best of the applicant’s knowledge, information, and belief,
33under penalty of perjury. The application shall contain the
34date of sale and gross price of the all-terrain vehicle or the
35fair market value if no sale immediately preceded the transfer
-2-1and any additional information the department requires. If the
2application is made for an all-terrain vehicle last previously
3registered or titled in another state or foreign country,
4the application shall contain this information and any other
5information the department requires.
6 Sec. 9. Section 321I.33, Code 2023, is amended to read as
7follows:
8321I.33 Transfer or repossession by operation of law.
91. If ownership of an all-terrain vehicle is transferred by
10operation of law, such as by inheritance, order in bankruptcy,
11insolvency, replevin, or execution sale, the transferee,
12within thirty days after acquiring the right to possession of
13the all-terrain vehicle, shall mail or deliver to the county
14recorder of the transferee’s county of residence satisfactory
15proof of ownership as the county recorder requires, together
16with an application for a new certificate of title, and
17the required fee, plus the writing fee specified in section
18321I.29. However, if the transferee is the surviving spouse
19of the deceased owner, the county recorder shall waive the
20required fee fees.
212. If a lienholder repossesses an all-terrain vehicle by
22operation of law and holds it for resale, the lienholder shall
23secure a new certificate of title and shall pay the required
24fee, plus the writing fee specified in section 321I.29.
25 Sec. 10. Section 321I.34, subsection 1, Code 2023, is
26amended by adding the following new paragraph:
27 NEW PARAGRAPH. c. The application shall be accompanied by
28the writing fee specified in section 321I.29.
29 Sec. 11. Section 462A.77, subsection 4, Code 2023, is
30amended to read as follows:
314. Every owner of a vessel subject to titling under this
32chapter shall apply to the county recorder for issuance of a
33certificate of title for the vessel within thirty days after
34acquisition. The application shall be on forms the department
35prescribes, and accompanied by the required fee specified
-3-1in section 462A.78 and the writing fee specified in section
2462A.53. The application shall be signed and shall include a
3certification signed in writing containing substantially the
4representation that statements made are true and correct to the
5best of the applicant’s knowledge, information, and belief,
6under penalty of perjury. The application shall contain
7the date of sale and gross price of the vessel or the fair
8market value if no sale immediately preceded the transfer, and
9any additional information the department requires. If the
10application is made for a vessel last previously registered or
11titled in another state or foreign country, it shall contain
12this information and any other information the department
13requires.
14 Sec. 12. Section 462A.82, subsections 1 and 2, Code 2023,
15are amended to read as follows:
161. If ownership of a vessel is transferred by operation of
17law, such as by inheritance, order in bankruptcy, insolvency,
18replevin, execution sale, or in compliance with section 578A.7,
19the transferee, within thirty days after acquiring the right
20to possession of the vessel by operation of law, shall mail or
21deliver to the county recorder satisfactory proof of ownership
22as the county recorder requires, together with an application
23for a new certificate of title, and the required fee, plus the
24writing fee specified in section 462A.53. However, if the
25transferee is the surviving spouse of the deceased owner, the
26county recorder shall waive the required fee fees. A title tax
27is not required on these transactions.
282. If a lienholder repossesses a vessel by operation of
29law and holds it for resale, the lienholder shall secure a new
30certificate of title and shall pay the required fee, plus the
31writing fee specified in section 462A.53.
32 Sec. 13. Section 462A.84, subsection 1, Code 2023, is
33amended by adding the following new paragraph:
34 NEW PARAGRAPH. c. The application shall be accompanied by
35the writing fee specified in section 462A.53.
-4-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to writing fees required for certain all-
5terrain vehicle, snowmobile, and water vessel transactions
6completed by a county recorder.
7WATER VESSELS. Under current law, a county recorder
8collects a writing fee of $1.25 for “each privilege” under
9Code chapter 462A (water navigation regulations). A writing
10fee is paid by the boat owner to the county recorder for
11handling the transaction. The writing fee is specifically
12required with applications for registration, including new
13or duplicate certificates of registration (Code section
14462A.5). The writing fee is also specifically required for
15transfers of ownership of vessels with an expired registration,
16due when the transferee pays all applicable fees for the
17current registration period (Code section 462A.43), and with
18applications for transfer (Code section 462A.44). The writing
19fee is not specifically mentioned for applications for issuance
20of a certificate of title (Code section 462A.77), which
21requires the application to be accompanied by the required
22fee. The required fee for issuance of a certificate of title,
23a transfer of title, a duplicate, or a corrected certificate
24of title is $5 plus a surcharge of $5 (Code section 462A.78).
25Likewise, the writing fee is not specifically mentioned for
26perfection of a security interest, for which the application
27fee is $5 (Code section 462A.84). The bill specifies that
28applications for a certificate of title or perfection of a
29security interest are subject to the writing fee.
30SNOWMOBILES AND ALL-TERRAIN VEHICLES. In contrast to water
31vessels, the writing fee provisions for snowmobiles and all-
32terrain vehicles explicitly impose the $1.25 writing fee only
33for registration or renewal, user permits, and duplicate
34special registration certificates (Code sections 321G.27 and
35321I.29). The bill alters these provisions to instead apply
-5-1to “each privilege” under the respective Code chapter, and
2specifies that applications for a certificate of title or
3perfection of a security interest are subject to the writing
4fee.
5Current law provides that a license agent shall collect a
6writing fee of $1 for each snowmobile or all-terrain vehicle
7registration or renewal and for the sale of each user permit.
8The bill does not amend these provisions.
-6-th/ns
2all-terrain vehicle, snowmobile, and water vessel
3transactions completed by a county recorder.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321G.27, subsection 1, paragraphs a, b,
2and c, Code 2023, are amended by striking the paragraphs.
3 Sec. 2. Section 321G.27, subsection 1, Code 2023, is amended
4by adding the following new paragraph:
5 NEW PARAGRAPH. 0d. The county recorder shall collect
6a writing fee of one dollar and twenty-five cents for each
7privilege under this chapter.
8 Sec. 3. Section 321G.29, subsection 3, Code 2023, is amended
9to read as follows:
103. An owner of a snowmobile shall apply to the county
11recorder for issuance of a certificate of title within thirty
12days after acquisition. The application shall be on forms
13the department prescribes and accompanied by the required fee
14specified in section 321G.30 and the writing fee specified in
15section 321G.27. The application shall include a certification
16signed in writing containing substantially the representation
17that statements made are true and correct to the best of the
18applicant’s knowledge, information, and belief, under penalty
19of perjury. The application shall contain the date of sale
20and gross price of the snowmobile or the fair market value if
21no sale immediately preceded the transfer and any additional
22information the department requires. If the application is
23made for a snowmobile last previously registered or titled in
24another state or foreign country, the application shall contain
25this information and any other information the department
26requires.
27 Sec. 4. Section 321G.31, Code 2023, is amended to read as
28follows:
29321G.31 Transfer or repossession by operation of law.
301. If ownership of a snowmobile is transferred by
31operation of law, such as by inheritance, order in bankruptcy,
32insolvency, replevin, or execution sale, the transferee, within
33thirty days after acquiring the right to possession of the
34snowmobile, shall mail or deliver to the county recorder of
35the transferee’s county of residence satisfactory proof of
-1-1ownership as the county recorder requires, together with an
2application for a new certificate of title, and the required
3fee, plus the writing fee specified in section 321G.27.
4However, if the transferee is the surviving spouse of the
5deceased owner, the county recorder shall waive the required
6fee fees.
72. If a lienholder repossesses a snowmobile by operation of
8law and holds it for resale, the lienholder shall secure a new
9certificate of title and shall pay the required fee, plus the
10writing fee specified in section 321G.27.
11 Sec. 5. Section 321G.32, subsection 1, Code 2023, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. c. The application shall be accompanied by
14the writing fee specified in section 321G.27.
15 Sec. 6. Section 321I.29, subsection 1, paragraphs a, b, and
16c, Code 2023, are amended by striking the paragraphs.
17 Sec. 7. Section 321I.29, subsection 1, Code 2023, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. 0d. The county recorder shall collect
20a writing fee of one dollar and twenty-five cents for each
21privilege under this chapter.
22 Sec. 8. Section 321I.31, subsection 3, Code 2023, is amended
23to read as follows:
243. An owner of an all-terrain vehicle shall apply to
25the county recorder for issuance of a certificate of title
26within thirty days after acquisition. The application shall
27be on forms the department prescribes and accompanied by the
28required fee specified in section 321I.32 and the writing fee
29specified in section 321I.29. The application shall include a
30certification signed in writing containing substantially the
31representation that statements made are true and correct to the
32best of the applicant’s knowledge, information, and belief,
33under penalty of perjury. The application shall contain the
34date of sale and gross price of the all-terrain vehicle or the
35fair market value if no sale immediately preceded the transfer
-2-1and any additional information the department requires. If the
2application is made for an all-terrain vehicle last previously
3registered or titled in another state or foreign country,
4the application shall contain this information and any other
5information the department requires.
6 Sec. 9. Section 321I.33, Code 2023, is amended to read as
7follows:
8321I.33 Transfer or repossession by operation of law.
91. If ownership of an all-terrain vehicle is transferred by
10operation of law, such as by inheritance, order in bankruptcy,
11insolvency, replevin, or execution sale, the transferee,
12within thirty days after acquiring the right to possession of
13the all-terrain vehicle, shall mail or deliver to the county
14recorder of the transferee’s county of residence satisfactory
15proof of ownership as the county recorder requires, together
16with an application for a new certificate of title, and
17the required fee, plus the writing fee specified in section
18321I.29. However, if the transferee is the surviving spouse
19of the deceased owner, the county recorder shall waive the
20required fee fees.
212. If a lienholder repossesses an all-terrain vehicle by
22operation of law and holds it for resale, the lienholder shall
23secure a new certificate of title and shall pay the required
24fee, plus the writing fee specified in section 321I.29.
25 Sec. 10. Section 321I.34, subsection 1, Code 2023, is
26amended by adding the following new paragraph:
27 NEW PARAGRAPH. c. The application shall be accompanied by
28the writing fee specified in section 321I.29.
29 Sec. 11. Section 462A.77, subsection 4, Code 2023, is
30amended to read as follows:
314. Every owner of a vessel subject to titling under this
32chapter shall apply to the county recorder for issuance of a
33certificate of title for the vessel within thirty days after
34acquisition. The application shall be on forms the department
35prescribes, and accompanied by the required fee specified
-3-1in section 462A.78 and the writing fee specified in section
2462A.53. The application shall be signed and shall include a
3certification signed in writing containing substantially the
4representation that statements made are true and correct to the
5best of the applicant’s knowledge, information, and belief,
6under penalty of perjury. The application shall contain
7the date of sale and gross price of the vessel or the fair
8market value if no sale immediately preceded the transfer, and
9any additional information the department requires. If the
10application is made for a vessel last previously registered or
11titled in another state or foreign country, it shall contain
12this information and any other information the department
13requires.
14 Sec. 12. Section 462A.82, subsections 1 and 2, Code 2023,
15are amended to read as follows:
161. If ownership of a vessel is transferred by operation of
17law, such as by inheritance, order in bankruptcy, insolvency,
18replevin, execution sale, or in compliance with section 578A.7,
19the transferee, within thirty days after acquiring the right
20to possession of the vessel by operation of law, shall mail or
21deliver to the county recorder satisfactory proof of ownership
22as the county recorder requires, together with an application
23for a new certificate of title, and the required fee, plus the
24writing fee specified in section 462A.53. However, if the
25transferee is the surviving spouse of the deceased owner, the
26county recorder shall waive the required fee fees. A title tax
27is not required on these transactions.
282. If a lienholder repossesses a vessel by operation of
29law and holds it for resale, the lienholder shall secure a new
30certificate of title and shall pay the required fee, plus the
31writing fee specified in section 462A.53.
32 Sec. 13. Section 462A.84, subsection 1, Code 2023, is
33amended by adding the following new paragraph:
34 NEW PARAGRAPH. c. The application shall be accompanied by
35the writing fee specified in section 462A.53.
-4-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to writing fees required for certain all-
5terrain vehicle, snowmobile, and water vessel transactions
6completed by a county recorder.
7WATER VESSELS. Under current law, a county recorder
8collects a writing fee of $1.25 for “each privilege” under
9Code chapter 462A (water navigation regulations). A writing
10fee is paid by the boat owner to the county recorder for
11handling the transaction. The writing fee is specifically
12required with applications for registration, including new
13or duplicate certificates of registration (Code section
14462A.5). The writing fee is also specifically required for
15transfers of ownership of vessels with an expired registration,
16due when the transferee pays all applicable fees for the
17current registration period (Code section 462A.43), and with
18applications for transfer (Code section 462A.44). The writing
19fee is not specifically mentioned for applications for issuance
20of a certificate of title (Code section 462A.77), which
21requires the application to be accompanied by the required
22fee. The required fee for issuance of a certificate of title,
23a transfer of title, a duplicate, or a corrected certificate
24of title is $5 plus a surcharge of $5 (Code section 462A.78).
25Likewise, the writing fee is not specifically mentioned for
26perfection of a security interest, for which the application
27fee is $5 (Code section 462A.84). The bill specifies that
28applications for a certificate of title or perfection of a
29security interest are subject to the writing fee.
30SNOWMOBILES AND ALL-TERRAIN VEHICLES. In contrast to water
31vessels, the writing fee provisions for snowmobiles and all-
32terrain vehicles explicitly impose the $1.25 writing fee only
33for registration or renewal, user permits, and duplicate
34special registration certificates (Code sections 321G.27 and
35321I.29). The bill alters these provisions to instead apply
-5-1to “each privilege” under the respective Code chapter, and
2specifies that applications for a certificate of title or
3perfection of a security interest are subject to the writing
4fee.
5Current law provides that a license agent shall collect a
6writing fee of $1 for each snowmobile or all-terrain vehicle
7registration or renewal and for the sale of each user permit.
8The bill does not amend these provisions.
-6-th/ns